Karnataka High Court
Hanamatrao Shivaputra Savasuddi vs Mallappa S/O Gholappa Mundiganal on 1 September, 2023
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NC: 2023:KHC-D:9882
WP No. 102030 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102030 OF 2021 (GM-CPC)
BETWEEN:
NEELAWWA W/O. GHOLAPPA MUNDIGANAL,
SINCE DECEASED BY HER LEGATEES.
1. HANAMATRAO SHIVAPUTRA SAVASUDDI,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O: KALLOLI-591 224,
TQ: GOKAK, DIST: BELAGAVI.
2. SHANTAWWA W/O. SHIVAPUTRA SANSUDDI,
AGE: 49 YEARS, OCC: HOMEMAKER & AGRICULTURE,
R/O: FARM HOUSE, NAGANUR ROAD,
KALLOLI-591 224, TQ: GOKAK,
DIST: BELAGAVI.
...PETITIONERS
(BY SRI C.S. SHETTAR, ADVOCATE)
AND:
MOHANKUMAR
B SHELAR
1. MALLAPPA S/O. GHOLAPPA MUNDIGANAL,
Digitally signed by
AGE: 59 YEARS, OCC: AGRICULTURE,
MOHANKUMAR B
SHELAR R/O: FARM HOUSE, NAGANUR ROAD,
Location: DHARWAD
Date: 2023.09.05 KALLOLI-591 224, TQ: GOKAK,
13:24:44 -0700
DIST: BELAGAVI.
2. RUKMAWWA @ REKHA W/O. BASAPPA AMBLI,
AGE: 58 YEARS, OCC: HOMEMAKER & AGRICULTURE,
R/O: FACTORY ROAD, BEERANAGADDI-591 218,
TQ: GOKAK, DIST: BELAGAVI.
3. ARJUN S/O. GHOLAPPA MUNDIGANAL,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: FARM HOUSE, NAGANUR ROAD,
KALLOLI-591 224, TQ: GOKAK,
DIST: BELAGAVI.
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WP No. 102030 of 2021
4. PARAWWA W/O. SHIVAPUTRA JAGANOOR,
AGE: 53 YEARS, OCC: HOMEMAKER & AGRICULTURE,
R/O: BEERANAGADDI ROAD,
HUNASHYAL PG-591 224,
TQ: GOKAK, DIST: BELAGAVI.
5. MALLIKARJUN S/O. GHOLAPPA MUNDIGANAL,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O: FARM HOUSE, NAGANUR ROAD,
KALLOLI-591 224, TQ: GOKAK,
DIST: BELAGAVI.
6. GEETA @ CHAMPAWWA W/O. ASHOK DANIHAL,
AGE: 45 YEARS, OCC: HOMEMAKER & AGRICULTURE,
R/O: GURLAPUR ROAD, ITNAL-591 114,
TQ: RAIBAG , DIST: BELAGAVI.
7. PUSHPA @ KEMPAWWA W/O. BALAWANT BELAVI,
AGE: 45 YEARS, OCC: HOMEMAKER & AGRICULTURE,
R/O: NEAR GOVERNMENT HOSPITAL,
BALOBAL-591 218, TQ: GOKAK,
DIST: BELAGAVI.
...RESPONDENTS
(BY SRI G.B. NAIK & P.G. NAIK, ADVOCATES FOR R7;
NOTICE TO R1 TO R6 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE ORDER DATED 05.08.2020 PASSED ON
THE COMPROMISE PETITION AND THE ORDERS ON THE
APPLICATION U/SEC. 151 OF CPC IN I.A.NO.22 DATED 08.02.2021
PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, COURT AT GOKAK,
IN O.S. NO. 389/2016 VIDE ANNEXURE-F AND THEREBY ALLOW THE
COMPROMISE PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 102030 of 2021
ORDER
The captioned writ petition is filed by the plaintiffs questioning the order passed by the leaned Judge on an application filed in I.A.No.XXII to recall the order passed under compromise petition dated 13.11.2019.
2. The plaintiffs filed a compromise petition only along with defendant Nos.1, 3, 5, 6 and 7 while defendant Nos.2, 4 and 8 who the daughters of Ghoolappa are not the parties to the compromise petition.
3. The learned Judge has rejected the application on the ground that all the properties are not included and three daughters are not parties to the compromise petition. The said order was sought to be recalled by filing I.A.No.XXII, which is also rejected by the learned Judge.
4. In a partition suit, if family members intend to settle the matter by way of compromise, unless all the parties to the suit, consent for amicable settlement, there cannot be a partial compromise excluding the other family -4- NC: 2023:KHC-D:9882 WP No. 102030 of 2021 members. Therefore, I am not inclined to interfere with the order under challenge.
5. Writ petition is devoid of merits and accordingly stands dismissed.
Sd/-
JUDGE AM List No.: 1 Sl No.: 8